Pardoning the killer despite being pardoned by legal heirs of slain falls in ambit of Fasad Fil Arz: CJP
- October 3, 2013, 7:35 pm
- National News
- 118 Views
ISLAMABAD, Oct 3 (Online): Chief Justice of Pakistan (CJP) Iftikhar Muhammad Chaudhry has remarked “pardoning the killer despite being pardoned by the legal heirs of slain will fall in the ambit of “ Fasad Fil-Arzâ€.
He further remarked “ Sharia has laid down very golden principles to end chaos on the land. The need is there that principles spelt out by Sharia should be used rightfully. Parliament will have to enact legislation in tune with Quran and Sunnah to stop Fasad Fil Arz. Killing is no problem for the affluent. Here pardon is accorded to the killer without being begged by him. Granting pardon to the killer despite being pardoned by the family members of victim falls in the ambit of Fasad Fil Arz.
CJP gave these remarks during the course of hearing of pardoning in the name of Allah, compromise in murder case of Muhammad Arif from Mandi Baha ud Din here Wednesday.
Justice Jawwad S Khawaja remarked “ where there is evidence will be Hudood. The state can enforce Tazeer even if the family members pardon the killer. The family members can grant exemption from “Qasas†to their extent only. The court can not be stopped from awarding punishment to the accused.
As many as 18 persons were declared accused in the murder case of Muhammad Arif. They included Azam, Rustam, Sikandar, Shamrez, Azhar, Safdar, Jahangir, Aslam, Muhammad Hussain, Muhammad Aslam, Mehdi, Farhat and others.
The family members of victim had already pardoned 16 accused while the matter of 2 accused Muhammad Azam and Sikandar was left undecided. Now the family members pardoned Muhammad Azam and in return for this pardon the decision was made to provide land worth Rs 1400000 to the non adult children who were real and legal heirs of victim.
Dr Mushtaq Ahmad Mohal counsel for the petitioner appeared in the court during the hearing of the case and the court informed him that a five members larger bench is being constituted on new interpretation of pardon in the name of Allah.
Attorney General (AG) , all the four advocate generals and amicus curiae Shahid Hamid have made submissions before the court.
Shahid Hamid was of the view that if offence is proved and compromise is struck even then the killer should be awarded punishment raging between 10 to 15 years term in jail.
Advocate General Punjab has also talked of awarding rigorous punishment and the remaining advocate generals have also made their own submissions in respect of pardon.
CJP observed “ Qasas stops Fasad Fil Arz. But it will have to be seen Qasas has taken place under what conditions in what forms. If this is not repugnant to teachings of Islam as Sharia has spelt out very golden principles in this regard and we can not go out of them.
CJP remarked “Diyat and Qasas should be defined clearly. The real problem lies with the poor people as they can do nothing except pardoning the killers of their children. The rich are benefiting from the act of pardoning. . We want to give comprehensive decision on this count so that every culprit could be punished as per laws of Sharia and the grievances of legal heirs of the victim could also be redressed.
The court issued notices to AG and all the four advocate generals besides adjourning the hearing of the case for 10 days.
